Pub. 6 2016 Issue 3

17 MINING FOCUS PacifiCorp’s decision to shut down the Deer Creek Coal Mine in December 2015. This closure resulted in the loss of 182 jobs in Emery County, Utah. 4 However, even at this late date, an analysis as required by CAA Sec- tion 321(a) would help confirm the importance of coal mining and the coal-fired power plants to the Utah economy. In 2013, Utah’s coal in- dustry contributed some $887 million to Utah’s economy, generated more than 2,000 jobs and contributed sig- nificantly to the tax base of rural coun - ties in the State. 5 More than seventy percent of Utah’s power is generated by coal-fired plants. 6 This contributes to keeping the average price of elec- tricity per kWh significantly below that of many other Western States. The Section 321 (a) analysis could be in- fluential in determining the future of two coal fired-generating units at the Intermountain Power Project in Del- ta, Utah. IPP’s long term coal supply agreements with California come to an end in 2027; however IPA is com- mitted to providing coal-fired power from these units so long as there is a market for the power. 7 If the Court or the plaintiffs in this pro - ceeding can require EPA to produce the Section 321(a) economic analy- sis in a meaningful timeframe, it may be a significant help to the coal min - ing industry. The detailed analysis of regulatory impacts on jobs and plant closure may inform the decisions of the EPA and those who oversee their actions. Denise A. Dragoo is a partner with the Salt Lake City office of Snell & Wilmer. Dragoo focuses her practice in natu- ral resources and environmental law, including coal, water, mining, public land, and issues affecting energy- related minerals and the oil and gas industry. She serves on Utah’s Energy Advisory Council to the Governor’s Office of Energy Development and on the Board of Directors, Utah Mining Association. 1 Herald-Star, November 1, 2016. http:// www.heraldstaronline.com/news/local- news/2016/11/epa-issues-response. 2 Law360, October 18, 2016, Keith Gold - berg, “Coal Co.’s Win Won’t Diminish EPA’s Regulatory Clout,” http://www.law360.com/ energy/articles/85267/coal-co-s-win-won-t- diminish-epa-s-regulatory-clout. 3 The Salt Lake Tribune, October 21, 2013, Brian Maffly, “Utah’s Carbon Power Plant heads for early retirement.” 4 The Salt Lake Tribune, July 7, 2015, Mike Gorrell and Michael McFall, “Emery County mine to shut down; 182 losing their jobs.” 5 2015 Report by Applied Analysis. http:// energy.utah.gov/wp-content/uploads/Utah- sEnergyEconomy_EconomicImpactAssess- ment.2015.compressed.pdf 6 Energy Information Administration power pricing tables. http://www.eia.gov/totalen- ergy/data/monthly/archive/00351607.pdf 7 “Renew IPP, Securing the Long Term Future of a Major Contributor to Utah’s Economy.” Intermountain Power Agency, www.ipautah.com. DENISE DRAGOO | 801.257.1998 | DDRAGOO@SWLAW.COM GATEWAY TOWER WEST | 15 WEST SOUTH TEMPLE | SUITE 1200 | SALT LAKE CITY, UT 84101 DENVER | LAS VEGAS | LOS ANGELES | LOS CABOS | ORANGE COUNTY | PHOENIX | RENO | SALT LAKE CITY | TUCSON www.swlaw.com Understanding what makes you unique. ® Because not all solutions are black and white. TM Celebrating 25 Years of Service in Utah